Judge Orders
Lawn Pesticide Retailers To Warn Consumers in the West
(Beyond Pesticides, October 26, 2005)
In a follow up ruling, a federal judge in Seattle, WA ordered pesticide
retailers, distributors and wholesalers to post warning labels alongside
seven lawn pesticides in Washington, Oregon and California.

In a follow up to
his January 2004 ruling that protects salmon in the Northwest under the
Endangered Species Act from pesticides not properly reviewed by the EPA
for their potential to harm endangered species, Judge John Coughenour
of the 9th U.S. Circuit Court of Appeals ordered the EPA to send letters
to pesticide retailers that specifies their responsibility to notify consumers
about the dangers the pesticides pose to salmon in the area. The judge
agreed with the plaintiff, Washington Toxics, that it was not enough for
the EPA to just post the requirements in the Federal Register.

“’This
is good news for salmon,’” Patti Goldman of Earthjustice told
an Associated Press reporter. “’Consumers will have the information
in the store to make informed choices to protect salmon from pesticides.’”

The seven pesticides
in this case are among 38 others that EPA has been ordered to review.
Until that time, the pesticides are banned from use near streams in all
three states. (See Daily News story.)

Aside from having
hazards to salmon and other aquatic species, the seven lawn pesticides
the Judge required to have warnings posted also have other hazardous characteristics:

The
number one most commonly used herbicide in the home and garden sector
and number two in all sectors of the U.S. Most popular residential
use is likely from “weed and feed” products known for
their promotion of overapplication. Found by the U.S. Geological
Survey to be the most frequently detected contaminant in streams
and ground water throughout the country from urban and suburban
home and garden use. Studies link 2,4-D to cancer (including in
dogs), reproductive problems, endocrine disruption, liver/kidney
damage and birth defects.

Formerly
the most widely used insecticides in the lawn and garden sector
until its residential phase-out in 2000 due to high toxicity to
children, wildlife and the environment. Use of personal stockpiles
are still permitted. Use on golf courses was canceled after hundreds
of bird kills involving more than 23 species were reported from
around the country. Roughly 70% of 2001 agricultural uses remain.

Among
the top 10 most heavily used pesticides in the home and garden sector
and among the top three
insecticides. Extremely toxic to bees and has been cited as a major
contributor to the decline and shortage of pollinator populations
in the U.S. Linked to cancer, reproductive problems, endocrine disruption,
liver/kidney damage and birth defects.

Diuron

Of
the 50 chemicals on EPA’s list of unregulated drinking water
contaminants, several are lawn chemicals including herbicides diazinon,
diuron, naphthalene, and various triazines such as atrazine. These
pesticides do not have health-based standards set under the Safe
Drinking Water Act. Classified as a known/likely carcinogen by EPA
and linked to birth defects and liver/kidney damage.

Among
the top 10 most heavily used pesticides in the home and garden sector
and among the top three insecticides. Malathion is a neurotoxin
known for problems of acute toxicity and for causing hundreds to
thousands of cases of pesticide poisoning due to inhalation. Commonly
used in public mosquito spray programs despite outrage from the
community. Can cause reproductive effects and liver/kidney damage.

Triclopyr
BEE (butoxyethyl ester)

An
herbicide registered for use on lawns, rangeland and pastures, forests
and other non-crop areas. EPA cited potential harmful effects on
fish, invertebrates, and aquatic plants as being a concern at the
currently allowed application rates. The U.S. forestry service states
that the use of triclopyr BEE in Forest Service programs may be
a substantial source of residues in the environment. Studies link
triclopyr to kidney and reproductive problems and heightened toxicity
to dogs.

Trifluralin

Popular herbicide
for use on lawns, flowers, shrubs, gardens and agriculture. Exposure
occurs through breathing or touching application sites (such as
lawns), by eating exposed fish, or drinking water. One of 30 persistent,
bioaccumulative, toxic chemicals listed in 2005 by EPA to promote
voluntary hazardous waste minimization efforts. Ranked as one of
the most hazardous compounds (worst 10%) to ecosystems and human
health by Environmental Defense’s Scorecard. Classified as
a possible carcinogen, reproductive problems, endocrine disruption,
and liver/kidney damage.